2015-626 ORDINANCE NO. 2015 - 626
An ordinance authorizing the Recreation Director to act on financial gain requests on public
property with penalties for violations thereof as set forth in JGO 12.62.070.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 12.62 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
"Chapter 12.62
FINANCIAL GAIN ON PUBLIC PROPERTY NOT ALLOWED
Sections:
12.62.010 Financial gain on public property not allowed- Exceptions.
12.62.020 Financial gain -- Definition.
12.62.030 Permission request procedure.
12.62.040 Indemnification requirement.
12.62.050 Insurance /bond requirement.
12.62.060 Responsibilities -- Applicant.
12.62.070 Violation -- Penalty.
12.62.010 Financial gain on public property not allowed -- Exceptions.
A. Unless otherwise specifically allowed by some other provision of these
ordinances, no person, firm, corporation, society, or organization shall use any public property,
public park, park facility, bathing beach, playground, greenbelt, or open space for the purpose of
financial gain, return or any types or business or financial activity.
B. Exempted from the provisions of this chapter are those organizations and
activities which have been granted specific permission by the Common Council, or the Director
of Leisure ServiceG Recreation Director in the manner set forth in this chapter, those
concessions operating under the authority of the park department division, and those activities
conducted within the Janesville ice arena, golf courses, and tennis facilities which have the
permission of the Common Council.
C. The use or closure of any public street, alley, sidewalk, or other public right of
way is subject to the approval, permit, and other requirements of the Chief of Police as set forth
in Chapter 12.20 of these ordinances.
12.62.020 Financial gain -- Definition. Financial gain, for the purposes of this
chapter, includes, but is not limited to, events or activities at which any type of concession or
sales occur, a registration fee is charged, OF an admission fee is paid, or donations are solicited.
12.62.030 Permission request procedure.
A. Applicants requesting permission to use public property for financial gain shall
complete and file a written application and required supporting documents with the Director of
Leisure Scrvicec Recreation Director in such form, content, and manner as the Director of
Leisure ServiceG Recreation Director may, from time to time, prescribe.
B. The Recreation Director or his or her designee may grant or deny financial gain
permission under this Chapter without the necessity of further Common Council review, action,
or approval to those persons, firms, corporations, societies, organizations and activities who
currently satisfy each and every requirement set forth in this chapter. Any application denied by
the Recreation Director may be appealed to the Common Council.
BC. The Common Council may affirm, amend, or modify deny any application denial
decision by the Recreation Director and may withdraw permission and /or revoke any issued
permit at any time and without cause, though cause may include, but is not limited to, violation
of this section, any other ordinance or law, or any order of the Chief of Police, Director of
Leisure Services Recreation Director, Fire Chief, City Manager, Public Works Director, or their
representatives.
C. The Director of Leisure Services or his designee may grant financial gain
permission under this chapter, without the necessity of further Common Council review, action
(1) have been previously granted a financial gain permit by the Janesville common council for a
prior similar event; and (2) currently sat°cfy ach and every other requirement set forth in this
chapter.
12.62.040 Indemnification requirement. Applicants shall fully and completely
indemnify and hold the city harmless from any and all liability of whatever kind and nature for
any and all personal injury, death, and property damage directly and indirectly arising from such
use.
12.62.050 Insurance /bond requirement. The Director of Leisure Services
Recreation Director may require a policy of insurance, bond, or other surety, naming the city as
the insured, in an amount established, from time to time, by the Director of Leisure Services
Recreation Director, and with regard to the particular location, circumstances, and activities
proposed.
12.62.060 Responsibilities -- Applicant. An applicant who is issued a permit
allowing him or her to use public property, public park, park facility, bathing beach, playground,
greenbelt, or open space for the purpose of financial gain shall:
A. At all times maintain adequate, sufficient, and properly operating warning signs,
lights, barricades, fences, and other warning and public safety devices, trash receptacles, and
such other warning and safety devices as may be required by the Chief of Police, City Manager,
Director of Public Works, Fire Chief, or any of their representatives.
B. Take all precautions necessary to make the public property affected safe for all
users.
C. Take all precautions necessary to make the public property affected safe for all
abutting and nearby property owners and possessors.
D. Not later than the expiration date and time of the permit, remove all litter, rubbish,
trash, garbage and refuse, clean, clear and make sightly the entire closure and all abutting
private and public property affected by the applicant's activities, and return the property in the
same or better condition than that in which it was at the time of closure.
E. Immediately cease all use and remove any and all obstructions as soon as the
need for such obstruction ceases, but not later than the expiration date and time of the permit.
F. Immediately and fully comply with any and all written and oral order of the Chief
of Police, City Manager, Fire Chief, Director of Leisure Services Recreation Director, Director of
Public Works, or their representatives.
12.62.070 Violation -- Penalty. Any person who violates any provision of this
chapter shall pay to the city a forfeiture of not less than fifty dollars nor more than one thousand
dollars, together with the costs of prosecution for each offense, and each day during which any
violation continues shall be deemed a separate and additional offense. In default of the
payment of such penalty, the violator shall be imprisoned in the county jail for not less than one
day nor more than thirty days for each offense."
ADOPTED: January 11, 2016 Motion by: Gruber
Second by: Bobzien
APPROVE, Councilmember Aye Nay Pass Absent
Bobzien X
Mark A. Freit- ±, City Manager Deupree X
Farrell X
ATTE J % Gruber X
/ ��� s ` Liebert X
David T. Godek, City Clerk- Treasurer Marklein X
APPROVED AS TO FORM: Tidwell X
!2 Li ► *IN V
Tim Wellnitz, Assistant Ci Attorney
Proposed by: Recreation Director
Prepared by: Assistant City Attorney